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(영문) 의정부지방법원고양지원 2016.06.15 2016가합70041
배당이의
Text

1. As to the auction of the status of real estate A, B (Joint), and C (Joint), the above court shall hold the auction of the status of real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff is the assignee of the claim and the right to collateral security against the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) which was established with respect to the real estate owned by Samw Co., Ltd. (hereinafter “ Samw Co., Ltd.”). The Defendant is the obligee of the substitute payment who paid 1,317,482,860 won in total of wages and retirement allowances to the employees of Samw Co., Ltd in lieu of Samw Co., Ltd.

B. On August 13, 2015, the date of distribution under the above real estate auction procedure (hereinafter “previous auction procedure”), the Korea Exchange Bank filed an application for a voluntary auction on the wall No. 264-17, and three parcels owned by Kuyang-gu, Seoyang-gu, Seoyang-gu, Kuyang-gu, Kuyang-gu, Samyang-gu, Seoul. On August 13, 2015, the Defendant received dividends of KRW 1,317,482,860, the total amount of substitute payment, as a creditor of substitute payment, in the first priority order. The Plaintiff received dividends of KRW 365,806,836, which is a part of the maximum debt amount of KRW 2,50,000,00 as a mortgagee of the said real estate.

C. Meanwhile, the Korea Exchange Bank applied for a voluntary auction on each real estate listed in paragraphs 1 through 4 and 11 of the attached Table Nos. 1 of the Kuyang-gu District Court Goyang-do A, Samyang-do.

[National Bank requested a voluntary auction on each real estate listed in paragraphs 5 through 10, and 12 of the same list as the same court B, and received a decision to commence auction. The Bankruptcy Trustee of Solomon Savings Bank, Solomon Savings Bank, the bankrupt, applied for a voluntary auction on each real estate listed in paragraphs 1 and 12 of the same list to the same court C, and received a decision to commence auction, and the above real estate auction case was combined; hereinafter "the auction procedure of this case"). The defendant demanded a distribution on the total amount of the above substitute payment for B and F cases among the above real estate auction case, and the plaintiff is subject to the previous auction procedure.

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